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TMI Blog2013 (11) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the operations of the assessee's business - The Assessing Officer and the learned Commissioner of Income-tax (Appeals) has estimated the salary of Smt. Madhumita Paul without considering any comparative case or without laying any foundation for such estimation itself – Decided in favour of the assessee. - ITA No. 680/Kol/2012 - - - Dated:- 31-8-2012 - Order The order of the Bench was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madhumita Paul (partner) aged about 47 years, a graduate by education, was actively engaged in the activities of the partnership firm with the yearly remuneration of Rs. 2,20,000 being a full time working partner (20 per cent.) with effect from April 1, 2004 vide the deed of partnership which was already put on record before the learned Assessing Officer. This fact was not considered by the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Commissioner of Income-tax (Appeals) had granted relief of Rs. 1.20 lakhs. It was the submission in the appeal before the learned Commissioner of Income-tax (Appeals) that the disallowance in respect of salary paid to Smt. Madhumita Paul was fixed at Rs. 1 lakh. It was the submission that no reason has been given for fixing the salary paid to Smt. Madhumita Paul at Rs. 1.20 lakhs. It was th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... salary allowable to Smt. Madhumita Paul at Rs. 36,000. It is also noticed that the Assessing Officer has mentioned that there were discrepancies in her statements recorded under section 131 of the Act. A perusal of the order of the learned Commissioner of Income-tax (Appeals) clearly shows that the learned Commissioner of Income-tax (Appeals) has considered the objections of the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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